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SMITH v. STATE

No. 528, September Term, 1969.

10 Md. App. 175 (1970)

268 A.2d 513

BENJAMIN ELMER SMITH v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided August 13, 1970.

Attorney(s) appearing for the Case

Basil Wadkovsky for appellant.

Francis X. Pugh, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and William Parsons Fennell, State's Attorney for Kent County, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.

ANDERSON, J., delivered the opinion of the Court.

Appellant, Benjamin Elmer Smith, was convicted on November 25, 1969 in the Circuit Court for Kent County by a jury, Judge George B. Rasin presiding, of contributing to the delinquency of a minor. Appellant was sentenced to one year in the Kent County Jail. On appeal he contends only that the trial court erred in trying him under Md. Code, Art. 26, § 70-2 (a) (7) instead of under Md. Code, Art. 27, § 401....

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